It is important to note that, unlike the other grounds, there is a specific exception for occupation requirements relating to religious establishments. Article 4(2) of the Framework Directive provides for this exception in relation to occupational activities in churches and other public or private organisations with a religious ethos. It states that:
The exception is similar to the general genuine occupational requirement under Article 4(1) of the Framework Directive which applies to all the protected groups. However, it specifically states that the exception cannot be used to justify discrimination on other grounds. So for example the exception could not be used to justify discrimination on grounds of gender or sexual orientation which can often arise the in the context of religion or belief.
There is also a relationship between the religious discrimination provisions of the Framework Directive and Articles 9 and 14 of the European Convention of Human Rights. Article 9 provides everyone with the absolute right to hold a particular religion or belief. They also have the right to manifest that religion or belief, unless it is necessary to limit that right for example to protect the rights of others or for health and safety reasons. Article 14 provides for the right to be free from discrimination in the enjoyment of the rights in the ECHR, and this includes discrimination on grounds of religion.
There have been a large number of cases before national courts, as well as cases before the European Court of Human Rights examining related Article 9 issues.
For an in depth examination of issues and cases relating to religion or belief discrimination and Article 9 issues please see the report of the Equinet Network of European Equality Bodies:
Equinet Report: A question of faith, religion and belief in Europe
© Equinet 2011
To date there has been a limited number of cases before the CJEU examining issues relating to religious discrimination.
You may access previous seminar papers on this subject matter here.